82_FR_32053 82 FR 31922 - Labeling Relief; Formaldehyde Emission Standards for Composite Wood Products

82 FR 31922 - Labeling Relief; Formaldehyde Emission Standards for Composite Wood Products

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 131 (July 11, 2017)

Page Range31922-31924
FR Document2017-14513

EPA is taking direct final action to amend a final rule that published in the Federal Register on December 12, 2016 concerning formaldehyde emission standards for composite wood products. The amendment will allow compliant composite wood products and finished goods that contain compliant composite wood products that were manufactured prior to December 12, 2017 to be labeled as Toxic Substances Control Act (TSCA) Title VI compliant. This means that regulated composite wood products and finished goods that meet the required formaldehyde emissions standards could be voluntarily labeled as compliant as soon as compliance can be achieved. This will enhance regulatory flexibility and facilitate a smoother supply chain transition to compliance with the rule's broader requirements, as well as promote lower formaldehyde emitting products entering commerce earlier than under the rule as originally published. EPA believes that the amendment is non-controversial and does not expect to receive any adverse comments. However, in addition to this direct final rulemaking, elsewhere in this issue of the Federal Register, EPA is promulgating the amendment as a notice of proposed rulemaking that will be used in the event of adverse comment on the amendments within this direct final action.

Federal Register, Volume 82 Issue 131 (Tuesday, July 11, 2017)
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31922-31924]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14513]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2017-0243, FRL-9963-05]
RIN 2070-AK30


Labeling Relief; Formaldehyde Emission Standards for Composite 
Wood Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend a final rule that 
published in the Federal Register on December 12, 2016 concerning 
formaldehyde emission standards for composite wood products. The 
amendment will allow compliant composite wood products and finished 
goods that contain compliant composite wood products that were 
manufactured prior to December 12, 2017 to be labeled as Toxic 
Substances Control Act (TSCA) Title VI compliant. This means that 
regulated composite wood products and finished goods that meet the 
required formaldehyde emissions standards could be voluntarily labeled 
as compliant as soon as compliance can be achieved. This will enhance 
regulatory flexibility and facilitate a smoother supply chain 
transition to compliance with the rule's broader requirements, as well 
as promote lower formaldehyde emitting products entering commerce 
earlier than under the rule as originally published. EPA believes that 
the amendment is non-controversial and does not expect to receive any 
adverse comments. However, in addition to this direct final rulemaking, 
elsewhere in this issue of the Federal Register, EPA is promulgating 
the amendment as a notice of proposed rulemaking that will be used in 
the event of adverse comment on the amendments within this direct final 
action.

DATES: This final rule is effective on August 25, 2017 without further 
notice, unless EPA receives adverse comment by July 26, 2017. If EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2017-0243, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Erik Winchester, National Program Chemicals Division, Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-6450; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    You may be affected by this direct final rule if you manufacture 
(including import), sell, supply, or offer for sale hardwood plywood, 
medium-density fiberboard, particleboard, and/or products containing 
these composite wood materials in the United States. The following list 
of North American Industrial Classification System (NAICS) codes is not 
intended to be exhaustive, but rather provides a guide to help readers 
determine whether this document applies to them. Potentially affected 
entities may include:
     Veneer, plywood, and engineered wood product manufacturing 
(NAICS code 3212).
     Manufactured home (mobile home) manufacturing (NAICS code 
321991).
     Prefabricated wood building manufacturing (NAICS code 
321992).
     Furniture and related product manufacturing (NAICS code 
337).
     Furniture merchant wholesalers (NAICS code 42321).
     Lumber, plywood, millwork, and wood panel merchant 
wholesalers (NAICS code 42331).
     Other construction material merchant wholesalers (NAICS 
code 423390), e.g., merchant wholesale distributors of manufactured 
homes (i.e., mobile homes) and/or prefabricated buildings.
     Furniture stores (NAICS code 4421).
     Building material and supplies dealers (NAICS code 4441).
     Manufactured (mobile) home dealers (NAICS code 45393).
     Motor home manufacturing (NAICS code 336213).
     Travel trailer and camper manufacturing (NAICS code 
336214).
     Recreational vehicle (RV) dealers (NAICS code 441210).

[[Page 31923]]

     Recreational vehicle merchant wholesalers (NAICS code 
423110).
    If you have any questions regarding the applicability of this 
action, please consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

II. Background

A. What action is the Agency taking?

    Following promulgation of EPA's final rule addressing formaldehyde 
emission standards for composite wood products (81 FR 89674, December 
12, 2016) (FRL-9949-90), industry stakeholders raised concerns to the 
Agency that the final rule's prohibition on labeling composite wood 
products and finished goods containing composite wood products as TSCA 
Title VI compliant before the December 12, 2017 compliance date would 
risk a substantial supply chain disruption for these products. These 
stakeholders requested that EPA allow labeling of compliant composite 
wood products and finished goods containing composite wood products as 
TSCA Title VI compliant before December 12, 2017. EPA shares the 
concerns of industry stakeholders regarding the prohibition on labeling 
composite wood products and finished goods containing composite wood 
products as TSCA Title VI compliant before December 12, 2017. EPA 
believes that the risk of unintentional supply chain disruption is 
substantial, though through prompt regulatory action, avoidable. As 
such, EPA will eliminate the prohibition at Sec.  770.45(f) of the 
December 12, 2016 final rule (see 81 FR 89741) on labeling composite 
wood products and finished goods containing composite wood products as 
TSCA Title VI compliant before December 12, 2017.
    The agency believes that removal of the labeling prohibition will 
have no impact on the ability of stakeholders to comply with the TSCA 
Title VI formaldehyde emission standards insofar as stakeholders are 
already working with their California Air Resources Board (CARB) 
approved Third Party Certifier (TPC) to ensure compliance with CARB's 
Airborne Toxic Control Measures (ATCM) to reduce formaldehyde emissions 
from composite wood products, and as the stakeholders suggest, they are 
currently labeling composite wood products and finished goods 
containing composite wood products as CARB-compliant, and thus are also 
meeting the TSCA Title VI formaldehyde emission standards.
    In addition, EPA generally expects that the transition will be 
smooth for stakeholders already receiving certifications of product 
compliance by a CARB-approved TPC to also begin receiving product 
compliance certifications by EPA TSCA Title VI TPCs under Sec.  770.15 
of the December 12, 2016 final rule (see 81 FR 89735) because Sec.  
770.7(d) of the December 12, 2016 final rule provided reciprocity 
provisions under which a CARB-approved TPC may be recognized by the 
Agency as an EPA TSCA Title VI TPC (see 81 FR 89733). Producers of 
composite wood products and TPCs should note that TPCs, including CARB-
approved TPCs working under the TSCA Title VI reciprocity provisions, 
must be recognized by EPA prior to certifying any composite wood 
products as TSCA Title VI compliant. TPCs can begin to apply for EPA 
recognition after the May 22, 2017 rule effective date by following the 
procedures outlined in Sec.  770.7(c)(2) and Sec.  770.8.
    Although EPA is eliminating Sec.  770.45(f) of the December 12, 
2016 final rule that prohibits labeling composite wood products and 
finished goods containing composite wood products as TSCA Title VI 
compliant before December 12, 2017, the other labeling requirements at 
Sec.  770.45 will still apply. Notably, anyone that would label 
composite wood products as TSCA Title VI compliant will still be 
required to include the CARB or EPA provided identification number of 
the EPA TSCA Title VI TPC and a statement that products are certified 
by that TPC as TSCA Title VI compliant. For this reason, this direct 
final rule is not expected to result in any reduction of environmental 
or public health protection. However, this action is expected to 
provide greater certainty to entities throughout the supply chain that 
composite wood products and finished goods containing composite wood 
product are compliant with TSCA Title VI and enhance consumer 
confidence earlier than currently provided for in the December 12, 2016 
final rule. EPA acknowledges that the delay of the effective date of 
the December 12, 2016 final rule (see 82 FR 8499 and 82 FR 14324) may 
have given rise to additional stakeholder concerns about that rule's 
respective implementation compliance dates. As a result, EPA has 
determined that those compliance dates should be extended and has 
initiated a separate action to extend them.
    EPA is therefore publishing this direct final rule, and a notice of 
proposed rulemaking elsewhere in this issue of the Federal Register to 
address the elimination of the early labeling provision, as described 
in Units II.A.1 and II.A.2.
    1. Direct Final Rule. EPA agrees with the stakeholders' requests 
and will eliminate the prohibition at Sec.  770.45(f) of the December 
12, 2016 final rule (see 81 FR 89741) on labeling composite wood 
products and finished goods containing composite wood products as TSCA 
Title VI compliant before December 12, 2017.
    2. Proposed rule. EPA believes that the amendment is non-
controversial and does not expect to receive any adverse comments. 
However, in addition to this direct final rule, elsewhere in this issue 
of the Federal Register, EPA is promulgating the amendment as a notice 
of proposed rulemaking (See FRL-9963-05). If EPA receives no adverse 
comment, the Agency will not take further action on the proposed rule 
and the direct final rule will become effective as provided in this 
action. If EPA receives relevant adverse comment, the Agency will 
publish a timely withdrawal in the Federal Register informing the 
public that this direct final action will not take effect. EPA would 
then address all adverse public comments in a response to comments 
document in a subsequent final rule, based on the proposed rule.

B. What is the Agency's authority for taking this action?

    These regulations are established under authority of Section 601 of 
TSCA, 15 U.S.C. 2697.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review; Executive 
Order 13563: Improving Regulation and Regulatory Review; and Executive 
Order 13777: Reducing Regulation and Controlling Regulatory Costs

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993) 
and 13563 (76 FR 3821, January 21, 2011). In addition, since this 
action does not contain a new requirement or impose any new burden or 
costs, the action qualifies as a burden reduction action under 
Executive Order 13771 (82 FR 9339, February 3, 2017). Although the 
change reduces burden, EPA did not attempt to determine the extent of 
that burden reduction. As such, this action can only be used for the 2 
for 1 off-set described in Executive Order 13771.

[[Page 31924]]

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA, 44 U.S.C. 3501 et seq., because it does not create any 
new reporting or recordkeeping obligations. OMB has previously approved 
the information collection activities contained in the existing 
regulations and has assigned OMB control number 2070-0185 (EPA ICR No. 
2446.02).

C. Regulatory Flexibility Act (RFA)

    The Agency certifies that this action will not have a significant 
economic impact on a substantial number of small entities under the 
RFA, 5 U.S.C. 601 et seq. In making this determination, the impact of 
concern is any significant adverse economic impact on small entities. 
An agency may certify that a rule will not have a significant economic 
impact on a substantial number of small entities if the rule relieves 
regulatory burden, has no net burden or otherwise has a positive 
economic effect on the small entities subject to the rule. This direct 
final rule will allow regulated entities to voluntarily label compliant 
products prior December 12, 2017. The direct final rule will ease the 
transition of panel producers, fabricators, importers, distributors, 
and retailers from CARB labeling to TSCA labeling, since under the 
December 12, 2016 final rule, it would be difficult for some of them to 
time their production and inventory so that products that are labeled 
as TSCA compliant are available starting on but not before the 
compliance date. Since early labeling is voluntary, any firms that do 
not find this activity to be beneficial can wait until December 12, 
2017 to begin offering labeled products for sale. EPA therefore 
concludes that this action will have a nominally positive economic 
effect on the small entities subject to the rule.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule 
will not impose substantial direct compliance costs on Indian tribal 
governments. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not economically significant as defined 
in Executive Order 12866, and because EPA does not believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children. As addressed in Unit II.A., this 
action would not materially alter the requirements for labeling 
composite wood products and finished goods containing composite wood 
products as TSCA Title VI compliant. Rather, the final rule will allow 
TSCA Title VI compliant products to be labeled as such earlier sooner 
than currently permitted.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not 
likely to have a significant adverse effect on the supply, distribution 
or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards that would 
require the consideration of voluntary consensus standards pursuant to 
NTTAA section 12(d), 15 U.S.C. 272 note.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA has determined that the human health or environmental risk 
addressed by this action will not have potential disproportionately 
high and adverse human health or environmental effects on minority, 
low-income or indigenous populations, as specified in Executive Order 
12898 (59 FR 7629, February 16, 1994). As addressed in Unit II.A., this 
action would not materially alter the requirements for labeling 
composite wood products and finished goods containing composite wood 
products as TSCA Title VI compliant. Rather, the final rule will allow 
TSCA Title VI compliant products to be labeled as such earlier sooner 
than currently permitted.

K. Congressional Review Act (CRA)

    This action is subject to the CRA and EPA will submit a rule report 
to each House of the Congress and to the Comptroller General of the 
United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 770

    Environmental protection, Formaldehyde, Incorporation by reference, 
Reporting and recordkeeping requirements, Third-party certification, 
Toxic substances, Wood.

    Dated: June 21, 2017.
Wendy Cleland-Hamnett,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    For the reasons set out in the preamble, title 40, chapter I, of 
the Code of Federal Regulations is amended as follows:

PART 770--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS

0
1. The authority citation for part 770 continues to read as follows:

    Authority:  15 U.S.C. 2697(d).


Sec.  770.45   [Amended]

0
2. In Sec.  770.45, remove paragraph (f).

[FR Doc. 2017-14513 Filed 7-10-17; 8:45 am]
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                                                31922                  Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations

                                                                                                                    EPA-APPROVED OHIO REGULATIONS
                                                                                                                                                    Ohio effective
                                                    Ohio citation                                   Title/subject                                                            EPA approval date            Notes
                                                                                                                                                        date


                                                            *                            *                           *                          *                        *                       *             *

                                                            Chapter 3745–72 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements


                                                        *                          *                    *                   *                                            *                     *               *
                                                3745–21–07 .....        Control of emissions of organic materials from sta-                               4/8/2016    7/11/17, [insert Federal
                                                                         tionary sources (i.e., emissions that are not reg-                                             Register citation].
                                                                         ulated by rule 3745–21–09, 3745–21–12 to
                                                                         3745–21–16, or 3745–21–18 to 3745–21–29 of
                                                                         the Administrative Code).

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                                                *       *       *       *       *                               direct final rulemaking, elsewhere in                           1404; email address: TSCA-Hotline@
                                                [FR Doc. 2017–14400 Filed 7–10–17; 8:45 am]                     this issue of the Federal Register, EPA                         epa.gov.
                                                BILLING CODE 6560–50–P                                          is promulgating the amendment as a                              SUPPLEMENTARY INFORMATION:
                                                                                                                notice of proposed rulemaking that will
                                                                                                                be used in the event of adverse                                 I. Does this action apply to me?
                                                ENVIRONMENTAL PROTECTION                                        comment on the amendments within                                   You may be affected by this direct
                                                AGENCY                                                          this direct final action.                                       final rule if you manufacture (including
                                                                                                                DATES: This final rule is effective on                          import), sell, supply, or offer for sale
                                                40 CFR Part 770
                                                                                                                August 25, 2017 without further notice,                         hardwood plywood, medium-density
                                                [EPA–HQ–OPPT–2017–0243, FRL–9963–05]                            unless EPA receives adverse comment                             fiberboard, particleboard, and/or
                                                                                                                by July 26, 2017. If EPA receives adverse                       products containing these composite
                                                RIN 2070–AK30
                                                                                                                comment, we will publish a timely                               wood materials in the United States.
                                                Labeling Relief; Formaldehyde                                   withdrawal in the Federal Register                              The following list of North American
                                                Emission Standards for Composite                                informing the public that the rule will                         Industrial Classification System
                                                Wood Products                                                   not take effect.                                                (NAICS) codes is not intended to be
                                                                                                                                                                                exhaustive, but rather provides a guide
                                                                                                                ADDRESSES: The docket for this action,
                                                AGENCY: Environmental Protection                                                                                                to help readers determine whether this
                                                Agency (EPA).                                                   identified by docket identification (ID)
                                                                                                                                                                                document applies to them. Potentially
                                                                                                                number EPA–HQ–OPPT–2017–0243, is
                                                ACTION: Direct final rule.                                                                                                      affected entities may include:
                                                                                                                available at http://www.regulations.gov                            • Veneer, plywood, and engineered
                                                SUMMARY:    EPA is taking direct final                          or at the Office of Pollution Prevention                        wood product manufacturing (NAICS
                                                action to amend a final rule that                               and Toxics Docket (OPPT Docket),                                code 3212).
                                                published in the Federal Register on                            Environmental Protection Agency                                    • Manufactured home (mobile home)
                                                December 12, 2016 concerning                                    Docket Center (EPA/DC), West William                            manufacturing (NAICS code 321991).
                                                formaldehyde emission standards for                             Jefferson Clinton Bldg., Rm. 3334, 1301                            • Prefabricated wood building
                                                composite wood products. The                                    Constitution Ave. NW., Washington,                              manufacturing (NAICS code 321992).
                                                amendment will allow compliant                                  DC. The Public Reading Room is open                                • Furniture and related product
                                                composite wood products and finished                            from 8:30 a.m. to 4:30 p.m., Monday                             manufacturing (NAICS code 337).
                                                goods that contain compliant composite                          through Friday, excluding legal                                    • Furniture merchant wholesalers
                                                wood products that were manufactured                            holidays. The telephone number for the                          (NAICS code 42321).
                                                prior to December 12, 2017 to be labeled                        Public Reading Room is (202) 566–1744,                             • Lumber, plywood, millwork, and
                                                as Toxic Substances Control Act (TSCA)                          and the telephone number for the OPPT                           wood panel merchant wholesalers
                                                Title VI compliant. This means that                             Docket is (202) 566–0280. Please review                         (NAICS code 42331).
                                                                                                                the visitor instructions and additional                            • Other construction material
                                                regulated composite wood products and
                                                                                                                information about the docket available                          merchant wholesalers (NAICS code
                                                finished goods that meet the required
                                                                                                                at http://www.epa.gov/dockets.                                  423390), e.g., merchant wholesale
                                                formaldehyde emissions standards
                                                                                                                FOR FURTHER INFORMATION CONTACT: For
                                                                                                                                                                                distributors of manufactured homes
                                                could be voluntarily labeled as
                                                                                                                                                                                (i.e., mobile homes) and/or
                                                compliant as soon as compliance can be                          technical information contact: Erik
                                                                                                                                                                                prefabricated buildings.
                                                achieved. This will enhance regulatory                          Winchester, National Program
                                                                                                                                                                                   • Furniture stores (NAICS code 4421).
                                                flexibility and facilitate a smoother                           Chemicals Division, Office of Pollution                            • Building material and supplies
                                                supply chain transition to compliance                           Prevention and Toxics, Environmental                            dealers (NAICS code 4441).
                                                with the rule’s broader requirements, as                        Protection Agency, 1200 Pennsylvania                               • Manufactured (mobile) home
mstockstill on DSK30JT082PROD with RULES




                                                well as promote lower formaldehyde                              Ave. NW., Washington, DC 20460–0001;                            dealers (NAICS code 45393).
                                                emitting products entering commerce                             telephone number: (202) 564–6450;                                  • Motor home manufacturing (NAICS
                                                earlier than under the rule as originally                       email address: winchester.erik@epa.gov.                         code 336213).
                                                published. EPA believes that the                                   For general information contact: The                            • Travel trailer and camper
                                                amendment is non-controversial and                              TSCA-Hotline, ABVI-Goodwill, 422                                manufacturing (NAICS code 336214).
                                                does not expect to receive any adverse                          South Clinton Ave., Rochester, NY                                  • Recreational vehicle (RV) dealers
                                                comments. However, in addition to this                          14620; telephone number: (202) 554–                             (NAICS code 441210).


                                           VerDate Sep<11>2014      16:47 Jul 10, 2017       Jkt 241001   PO 00000       Frm 00036   Fmt 4700       Sfmt 4700   E:\FR\FM\11JYR1.SGM   11JYR1


                                                                    Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations                                         31923

                                                  • Recreational vehicle merchant                        certifications of product compliance by                  1. Direct Final Rule. EPA agrees with
                                                wholesalers (NAICS code 423110).                         a CARB-approved TPC to also begin                     the stakeholders’ requests and will
                                                  If you have any questions regarding                    receiving product compliance                          eliminate the prohibition at § 770.45(f)
                                                the applicability of this action, please                 certifications by EPA TSCA Title VI                   of the December 12, 2016 final rule (see
                                                consult the technical person listed                      TPCs under § 770.15 of the December                   81 FR 89741) on labeling composite
                                                under FOR FURTHER INFORMATION                            12, 2016 final rule (see 81 FR 89735)                 wood products and finished goods
                                                CONTACT.                                                 because § 770.7(d) of the December 12,                containing composite wood products as
                                                                                                         2016 final rule provided reciprocity                  TSCA Title VI compliant before
                                                II. Background
                                                                                                         provisions under which a CARB-                        December 12, 2017.
                                                A. What action is the Agency taking?                     approved TPC may be recognized by the                    2. Proposed rule. EPA believes that
                                                                                                         Agency as an EPA TSCA Title VI TPC                    the amendment is non-controversial and
                                                   Following promulgation of EPA’s
                                                                                                         (see 81 FR 89733). Producers of                       does not expect to receive any adverse
                                                final rule addressing formaldehyde
                                                                                                         composite wood products and TPCs                      comments. However, in addition to this
                                                emission standards for composite wood
                                                                                                         should note that TPCs, including CARB-                direct final rule, elsewhere in this issue
                                                products (81 FR 89674, December 12,
                                                                                                         approved TPCs working under the                       of the Federal Register, EPA is
                                                2016) (FRL–9949–90), industry
                                                                                                         TSCA Title VI reciprocity provisions,                 promulgating the amendment as a
                                                stakeholders raised concerns to the
                                                                                                         must be recognized by EPA prior to                    notice of proposed rulemaking (See
                                                Agency that the final rule’s prohibition
                                                                                                         certifying any composite wood products                FRL–9963–05). If EPA receives no
                                                on labeling composite wood products
                                                                                                         as TSCA Title VI compliant. TPCs can                  adverse comment, the Agency will not
                                                and finished goods containing
                                                                                                         begin to apply for EPA recognition after              take further action on the proposed rule
                                                composite wood products as TSCA Title
                                                                                                         the May 22, 2017 rule effective date by               and the direct final rule will become
                                                VI compliant before the December 12,
                                                                                                         following the procedures outlined in                  effective as provided in this action. If
                                                2017 compliance date would risk a
                                                                                                         § 770.7(c)(2) and § 770.8.                            EPA receives relevant adverse comment,
                                                substantial supply chain disruption for                     Although EPA is eliminating                        the Agency will publish a timely
                                                these products. These stakeholders                       § 770.45(f) of the December 12, 2016                  withdrawal in the Federal Register
                                                requested that EPA allow labeling of                     final rule that prohibits labeling                    informing the public that this direct
                                                compliant composite wood products                        composite wood products and finished                  final action will not take effect. EPA
                                                and finished goods containing                            goods containing composite wood                       would then address all adverse public
                                                composite wood products as TSCA Title                    products as TSCA Title VI compliant                   comments in a response to comments
                                                VI compliant before December 12, 2017.                   before December 12, 2017, the other                   document in a subsequent final rule,
                                                EPA shares the concerns of industry                      labeling requirements at § 770.45 will                based on the proposed rule.
                                                stakeholders regarding the prohibition                   still apply. Notably, anyone that would
                                                on labeling composite wood products                      label composite wood products as TSCA                 B. What is the Agency’s authority for
                                                and finished goods containing                            Title VI compliant will still be required             taking this action?
                                                composite wood products as TSCA Title                    to include the CARB or EPA provided                     These regulations are established
                                                VI compliant before December 12, 2017.                   identification number of the EPA TSCA                 under authority of Section 601 of TSCA,
                                                EPA believes that the risk of                            Title VI TPC and a statement that                     15 U.S.C. 2697.
                                                unintentional supply chain disruption                    products are certified by that TPC as
                                                is substantial, though through prompt                                                                          III. Statutory and Executive Order
                                                                                                         TSCA Title VI compliant. For this
                                                regulatory action, avoidable. As such,                                                                         Reviews
                                                                                                         reason, this direct final rule is not
                                                EPA will eliminate the prohibition at                    expected to result in any reduction of                   Additional information about these
                                                § 770.45(f) of the December 12, 2016                     environmental or public health                        statutes and Executive Orders can be
                                                final rule (see 81 FR 89741) on labeling                 protection. However, this action is                   found at http://www2.epa.gov/laws-
                                                composite wood products and finished                     expected to provide greater certainty to              regulations/laws-and-executive-orders.
                                                goods containing composite wood                          entities throughout the supply chain
                                                products as TSCA Title VI compliant                                                                            A. Executive Order 12866: Regulatory
                                                                                                         that composite wood products and                      Planning and Review; Executive Order
                                                before December 12, 2017.                                finished goods containing composite
                                                   The agency believes that removal of                                                                         13563: Improving Regulation and
                                                                                                         wood product are compliant with TSCA                  Regulatory Review; and Executive Order
                                                the labeling prohibition will have no                    Title VI and enhance consumer
                                                impact on the ability of stakeholders to                                                                       13777: Reducing Regulation and
                                                                                                         confidence earlier than currently                     Controlling Regulatory Costs
                                                comply with the TSCA Title VI                            provided for in the December 12, 2016
                                                formaldehyde emission standards                          final rule. EPA acknowledges that the                   This action is not a significant
                                                insofar as stakeholders are already                      delay of the effective date of the                    regulatory action and was therefore not
                                                working with their California Air                        December 12, 2016 final rule (see 82 FR               submitted to the Office of Management
                                                Resources Board (CARB) approved                          8499 and 82 FR 14324) may have given                  and Budget (OMB) for review under
                                                Third Party Certifier (TPC) to ensure                    rise to additional stakeholder concerns               Executive Orders 12866 (58 FR 51735,
                                                compliance with CARB’s Airborne                          about that rule’s respective                          October 4, 1993) and 13563 (76 FR 3821,
                                                Toxic Control Measures (ATCM) to                         implementation compliance dates. As a                 January 21, 2011). In addition, since this
                                                reduce formaldehyde emissions from                       result, EPA has determined that those                 action does not contain a new
                                                composite wood products, and as the                      compliance dates should be extended                   requirement or impose any new burden
                                                stakeholders suggest, they are currently                 and has initiated a separate action to                or costs, the action qualifies as a burden
                                                labeling composite wood products and                     extend them.                                          reduction action under Executive Order
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                                                finished goods containing composite                         EPA is therefore publishing this direct            13771 (82 FR 9339, February 3, 2017).
                                                wood products as CARB-compliant, and                     final rule, and a notice of proposed                  Although the change reduces burden,
                                                thus are also meeting the TSCA Title VI                  rulemaking elsewhere in this issue of                 EPA did not attempt to determine the
                                                formaldehyde emission standards.                         the Federal Register to address the                   extent of that burden reduction. As
                                                   In addition, EPA generally expects                    elimination of the early labeling                     such, this action can only be used for
                                                that the transition will be smooth for                   provision, as described in Units II.A.1               the 2 for 1 off-set described in Executive
                                                stakeholders already receiving                           and II.A.2.                                           Order 13771.


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                                                31924               Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations

                                                B. Paperwork Reduction Act (PRA)                         power and responsibilities among the                  1994). As addressed in Unit II.A., this
                                                  This action does not impose any new                    various levels of government.                         action would not materially alter the
                                                information collection burden under the                                                                        requirements for labeling composite
                                                                                                         F. Executive Order 13175: Consultation
                                                PRA, 44 U.S.C. 3501 et seq., because it                                                                        wood products and finished goods
                                                                                                         and Coordination With Indian Tribal
                                                does not create any new reporting or                                                                           containing composite wood products as
                                                                                                         Governments
                                                recordkeeping obligations. OMB has                                                                             TSCA Title VI compliant. Rather, the
                                                                                                           This action does not have tribal                    final rule will allow TSCA Title VI
                                                previously approved the information                      implications as specified in Executive
                                                collection activities contained in the                                                                         compliant products to be labeled as
                                                                                                         Order 13175 (65 FR 67249, November 9,                 such earlier sooner than currently
                                                existing regulations and has assigned                    2000). This final rule will not impose
                                                OMB control number 2070–0185 (EPA                                                                              permitted.
                                                                                                         substantial direct compliance costs on
                                                ICR No. 2446.02).                                        Indian tribal governments. Thus,                      K. Congressional Review Act (CRA)
                                                C. Regulatory Flexibility Act (RFA)                      Executive Order 13175 does not apply                    This action is subject to the CRA and
                                                                                                         to this action.                                       EPA will submit a rule report to each
                                                   The Agency certifies that this action
                                                                                                         G. Executive Order 13045: Protection of               House of the Congress and to the
                                                will not have a significant economic
                                                                                                         Children From Environmental Health                    Comptroller General of the United
                                                impact on a substantial number of small
                                                                                                         Risks and Safety Risks                                States. This action is not a ‘‘major rule’’
                                                entities under the RFA, 5 U.S.C. 601 et
                                                                                                                                                               as defined by 5 U.S.C. 804(2).
                                                seq. In making this determination, the                      This action is not subject to Executive
                                                impact of concern is any significant                     Order 13045 (62 FR 19885, April 23,                   List of Subjects in 40 CFR Part 770
                                                adverse economic impact on small                         1997) because it is not economically                    Environmental protection,
                                                entities. An agency may certify that a                   significant as defined in Executive                   Formaldehyde, Incorporation by
                                                rule will not have a significant                         Order 12866, and because EPA does not                 reference, Reporting and recordkeeping
                                                economic impact on a substantial                         believe the environmental health or                   requirements, Third-party certification,
                                                number of small entities if the rule                     safety risks addressed by this action                 Toxic substances, Wood.
                                                relieves regulatory burden, has no net                   present a disproportionate risk to
                                                burden or otherwise has a positive                                                                               Dated: June 21, 2017.
                                                                                                         children. As addressed in Unit II.A., this
                                                economic effect on the small entities                                                                          Wendy Cleland-Hamnett,
                                                                                                         action would not materially alter the
                                                subject to the rule. This direct final rule              requirements for labeling composite                   Acting Assistant Administrator, Office of
                                                will allow regulated entities to                                                                               Chemical Safety and Pollution Prevention.
                                                                                                         wood products and finished goods
                                                voluntarily label compliant products                     containing composite wood products as                   For the reasons set out in the
                                                prior December 12, 2017. The direct                      TSCA Title VI compliant. Rather, the                  preamble, title 40, chapter I, of the Code
                                                final rule will ease the transition of                   final rule will allow TSCA Title VI                   of Federal Regulations is amended as
                                                panel producers, fabricators, importers,                 compliant products to be labeled as                   follows:
                                                distributors, and retailers from CARB                    such earlier sooner than currently
                                                labeling to TSCA labeling, since under                   permitted.                                            PART 770—FORMALDEHYDE
                                                the December 12, 2016 final rule, it                                                                           STANDARDS FOR COMPOSITE WOOD
                                                would be difficult for some of them to                   H. Executive Order 13211: Actions                     PRODUCTS
                                                time their production and inventory so                   Concerning Regulations That
                                                that products that are labeled as TSCA                   Significantly Affect Energy Supply,                   ■ 1. The authority citation for part 770
                                                compliant are available starting on but                  Distribution, or Use                                  continues to read as follows:
                                                not before the compliance date. Since                      This action is not a ‘‘significant                      Authority: 15 U.S.C. 2697(d).
                                                early labeling is voluntary, any firms                   energy action’’ as defined in Executive
                                                that do not find this activity to be                                                                           § 770.45    [Amended]
                                                                                                         Order 13211 (66 FR 28355, May 22,
                                                beneficial can wait until December 12,                   2001), because it is not likely to have a             ■   2. In § 770.45, remove paragraph (f).
                                                2017 to begin offering labeled products                  significant adverse effect on the supply,             [FR Doc. 2017–14513 Filed 7–10–17; 8:45 am]
                                                for sale. EPA therefore concludes that                   distribution or use of energy.                        BILLING CODE 6560–50–P
                                                this action will have a nominally
                                                positive economic effect on the small                    I. National Technology Transfer and
                                                entities subject to the rule.                            Advancement Act (NTTAA)
                                                                                                            This rulemaking does not involve                   DEPARTMENT OF COMMERCE
                                                D. Unfunded Mandates Reform Act
                                                                                                         technical standards that would require                National Oceanic and Atmospheric
                                                (UMRA)
                                                                                                         the consideration of voluntary                        Administration
                                                   This action does not contain any                      consensus standards pursuant to
                                                unfunded mandate as described in                         NTTAA section 12(d), 15 U.S.C. 272                    50 CFR Part 622
                                                UMRA, 2 U.S.C. 1531–1538, and does                       note.
                                                not significantly or uniquely affect small                                                                     [Docket No. 140501394–5279–02]
                                                governments. The action imposes no                       J. Executive Order 12898: Federal
                                                enforceable duty on any state, local or                  Actions To Address Environmental                      RIN 0648–XF525
                                                tribal governments or the private sector.                Justice in Minority Populations and
                                                                                                         Low-Income Populations                                Fisheries of the Caribbean, Gulf of
                                                E. Executive Order 13132: Federalism                                                                           Mexico, and South Atlantic; 2017
                                                                                                            EPA has determined that the human                  Commercial Accountability Measures
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                                                   This action does not have federalism                  health or environmental risk addressed                and Closure for Blueline Tilefish in the
                                                implications as specified in Executive                   by this action will not have potential                South Atlantic Region
                                                Order 13132 (64 FR 43255, August 10,                     disproportionately high and adverse
                                                1999). It will not have substantial direct               human health or environmental effects                 AGENCY:  National Marine Fisheries
                                                effects on the states, on the relationship               on minority, low-income or indigenous                 Service (NMFS), National Oceanic and
                                                between the national government and                      populations, as specified in Executive                Atmospheric Administration (NOAA),
                                                the states, or on the distribution of                    Order 12898 (59 FR 7629, February 16,                 Commerce.


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Document Created: 2018-11-14 10:22:24
Document Modified: 2018-11-14 10:22:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis final rule is effective on August 25, 2017 without further notice, unless EPA receives adverse comment by July 26, 2017. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.
ContactFor technical information contact: Erik Winchester, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
FR Citation82 FR 31922 
RIN Number2070-AK30
CFR AssociatedEnvironmental Protection; Formaldehyde; Incorporation by Reference; Reporting and Recordkeeping Requirements; Third-Party Certification; Toxic Substances and Wood

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